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HomeMy WebLinkAboutContracts & Agreements_107-2019PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 18th day ofJune, 2019, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Sierra Pacific Electric, hereinafter ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK Contractor shall furnish all labor and will perform all of the work for the following Materials and labor complete for three (3) NOTRAFFIC SYSTEMS INTERSECTION SYSTEMS and labor only for two (2) NOTRAFFIC SYSTEMS INTERSECTION SYSTEMS by the Contract Documents (as herein defined) and Specifications for City's ALABAMA STREET TRAFFIC MANAGEMENT DETECTION SYSTEM Q0L03262019KG (the "Work") 2 CONTRACT SUM City shall pay Contractoi the sum of Eighty Two Thousand Seven Hundred Eighty Seven Dollars ($82,787) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3. TIME FOR COMPLETION The Work shall be completed within Thirty (30) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the work Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs 5 CONTRACT DOCUMENTS. This Contract incorporates by reference the following Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 7 RESOLUTION OF CONSTRUCTION CLAIMS Any claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractoi and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contracts Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in Public Contracts Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided for the filing of claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR Contractor and all of its subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to perform the Work 9 ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests under this Contract shall be binding on the City without the prior written consent of the City 10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST e Donaldson, City Clerk onaldson@cityofredlands.org (SEAL) City of Redlands Paul Foster, Mayor pfoster@cityofredlands org David Loop Sierra Pacific Electric By. CJZ% 6/19/19 Signature of Authorized Agent Vice President Title Signature of Authorized Agent (if necessary) Title 264048 Contractor's License No WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract Alabama Street Traffic Management Detection System Q0L03262019KG Every employer, except the State, shall secure the payment of compensation m one or more of the following ways a By being insured agamst liability to pay compensation by one or more insurers duly authorized to wnte compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furmshmg proof satisfactory to the Director of Industnal Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance m accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that 1 become subject to the workers' compensation laws of California However, at any time, if 1 employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the mformation and representations made m this certificate are true and correct Dated this ! q day of---wv.e , 2019 �siet .?GCS v t-lecJriec,i (Contracto (SEAL) �ignatur�) rCe (Official Title) (Labor Code Section 186I provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract )